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AIBU?

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Original poster

In thinking a payslip is normal?

89 replies

caffeineplease · 20/03/2019 12:14

Gave in bank details and NI number and was told monthly pay on 15th every month. Simple.
1st month payment seems higher than expected, stupid me does not mention it.
2nd month I scrupulously count every minute I work and yet again the payment was higher than expected.
I've just asked if they are paying me more than originally stated . But oh no it seems they are paying me cash in hand and I'm now liable for my tax etc Hmm
As I'm not staying long ( other posts) I need to clear this up so asked for a payslip... apparently they don't do those either!
Someone please tell me this isn't normal!

OP posts:
NotSuchASmugMarriedNow1 · 20/03/2019 12:17

If it's going through your bank account then that's not a cash payment, that's a bank transfer payment so you're not getting paid cash in hand.

What line of work are you in and what does your contract say about payment terms?

mrsjoyfulprizeforraffiawork · 20/03/2019 12:20

Not normal. I would think probably illegal if you are currently an actual employee and not self-employed freelancer. I am a self-employed person (officially, not just self-designated) and freelance doing office work. I was investigated by HMRC many years ago who queried my self-employed status and said I should be paid PAYE by every single one of my clients as they weren't sure they accepted I was eligible to be self-employed. Eventually, when I said I'd do as they said but were they prepared to deal with about 38 P45s a year on my account alone, they backed down.

Original poster
caffeineplease · 20/03/2019 12:25

Contract nope !
Still waiting.
Goes directly into my account from as far as I can see two different people.
Retail work .

OP posts:
NotSuchASmugMarriedNow1 · 20/03/2019 12:29

OK so it seems as though they are paying you a gross amount and are expecting you to pay your own tax and NI. It's not normal in retail, no, but there isn't anything wrong with what they are doing either.

If you don't want the hassle of doing all your own accounts why don't you just ask them to employ you on a PAYE basis?

Comefromaway · 20/03/2019 12:39

A payslip is a legal requirement.

It is not legal to not deduct tax & NI from an employers pay unless you are earning under the lower earnings level. If all employees earn under this amount then a PAYE scheme doesn’t have to be operate but a record of payments should be kept.

I really can’t think of any instances where s job in retail could be legally classed as self employed apart from something like a freelance consultant or last minute agency temp

ForalltheSaints · 20/03/2019 12:40

You should have a payslip. I have mine electronically but it is still a payslip.

Comefromaway · 20/03/2019 12:41

It's not normal in retail, no, but there isn't anything wrong with what they are doing either.

Yes there is. A company can’t just decide to ignore employment legislation.

NotSuchASmugMarriedNow1 · 20/03/2019 12:43

Where does it say retail workers can't be self-employed?

WeeDangerousSpike · 20/03/2019 12:45

No it's not normal, and very likely that are evading paying tax and ni.

If you're not staying id ring hmrc and ask for advice. (be prepared to have to pay the tax they should have deducted though)

Original poster
caffeineplease · 20/03/2019 12:46

Many thanks for your replies... So two things, am I actually entitled to an actual payslip and am I doing something illegal by being paid like this ?

OP posts:
Merryoldgoat · 20/03/2019 12:46

What Comefromaway said.

WeeDangerousSpike · 20/03/2019 12:47

Yes and yes.

Waveysnail · 20/03/2019 12:48

So are they saying your self employed?

WeeDangerousSpike · 20/03/2019 12:48

If you're being paid like that you need to do a self employed tax return. Except it doesn't sound like you would meet the criteria for being self employed. Got instance - could you send someone else in to do your shift?

justmyview · 20/03/2019 12:48

If you are employed then you should have a payslip. Fairly sure this is a legal requirement

If you are an employee, then yes you are paid gross and you are responsible for paying tax

It should be clear from your contract if you are employed or not. If no contract, then this may help

www.gov.uk/guidance/check-employment-status-for-tax

WeeDangerousSpike · 20/03/2019 12:50

www.gov.uk/report-cash-in-hand-pay

Original poster
caffeineplease · 20/03/2019 12:50

@WeeDangerousSpike
Yikes ! Like a fine or criminal record? I shall ring HMRC and offer to pay but without proof such as payslip its kind of difficult. I have two transactions of slightly differing amounts a month apart from two separate people. I do not have a contract or anything in writing.
My fault I realise but initially thought I'd be here a month maximum.

OP posts:
justasking111 · 20/03/2019 12:51

How many people do they employ apart from you, in what line of work?

Merryoldgoat · 20/03/2019 12:51

If you are an employee then they are legally required to provide you with a payslip on or before pay day of each month.

There are several requirements that need to be met for you to be legally considered self-employed - it's not something you can just state.

If you work for them and only them, they dictate your working conditions, you follow their employment rules etc then you are likely an employee for tax purposes and they should be paying you via PAYe and deducting tax and PAYE and possibly pension too depending on how much you earn and whether or not you have opted out.

What did the job advert say?

On the offchance - are you a beauty therapist or similar by any chance? I have run into unbelievable practice with some small salons - utterly shocking and illegal stuff - really taking advantage of younger workers.

VanGoghsDog · 20/03/2019 12:51

@NotSuchASmugMarriedNow1

Where does it say retail workers can't be self-employed?

The are not self-employed, HMRC has a test on its website and there is no way a retail worker would be self employed.

Comefromaway · 20/03/2019 12:52

Many thanks for your replies... So two things, am I actually entitled to an actual payslip and am I doing something illegal by being paid like this ?

Yes and Yes

Its not just your tax and NI that they are not deducting. They are evading paying employer NI and auto enrolment pension contributions along with statutory sick & holiday pay.

Original poster
caffeineplease · 20/03/2019 12:52

Retail.
One other , Part time.
Nothing in writing and if I couldn't come in they couldn't open .

OP posts:
Merryoldgoat · 20/03/2019 12:52

*Deducting Tax and NI

WeeDangerousSpike · 20/03/2019 12:53

They aren't going to prosecute you if you ring up and inform them - look at the link I posted, it tells you what to do.

Don't panic, it's not you that's in the wrong here, but if you carried on accepting it and didn't pay tax and they then caught up with you it would be a different story.

Sorry you're working for shitty people Flowers

Original poster
caffeineplease · 20/03/2019 12:55

This is such a mess.
Believe it or not I'm not naive and young !
I've never experienced anything other than being properly employed with contracts etc
Not therapy related, retail. Customer facing.

OP posts:
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